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BILLS OF EXCHANGE ACT 1882 - SECT 51

Noting or protest of bill.

51.(1) Where an inland bill has been dishonoured it may, if the holder think
fit, be noted for non-acceptance or non-payment, as the case may be; but it
shall not be necessary to note or protest any such bill in order to preserve
the recourse against the drawer or indorser.

(2) Where a foreign bill, appearing on the face of it to be such, has been
dishonoured by non-acceptance it must be duly protested for non-acceptance,
and where such a bill, which has not been previously dishonoured by
non-acceptance, is dishonoured by non-payment it must be duly protested for
non-payment. If it be not so protested the drawer and indorsers are
discharged. Where a bill does not appear on the face of it to be a foreign
bill, protest thereof in case of dishonour is unnecessary.

(3) A bill which has been protested for non-acceptance may be subsequently
protested for non-payment.

(4) Subject to the provisions of this Act, when a bill is noted or protested,
[it may be noted on the day of its dishonour, and must be noted not later than
the next succeeding business day]. When a bill has been duly noted, the
protest may be subsequently extended as of the date of the noting.

(5) Where the acceptor of a bill becomes bankrupt or insolvent or suspends
payment before it matures, the holder may cause the bill to be protested for
better security against the drawer and indorsers.

(6) A bill must be protested at the place where it is dishonoured: Provided
that

(a)When a bill is presented through the post office, and returned by post
dishonoured, it may be protested at the place to which it is returned and on
the day of its return if received during business hours, and if not received
during business hours, then not later than the next business day:

(b)When a bill drawn payable at the place of business or residence of some
person other than the drawee has been dishonoured by non-acceptance, it must
be protested for non-payment at the place where it is expressed to be payable,
and no further presentment for payment to, or demand on, the drawee is
necessary.

(7) A protest must contain a copy of the bill, and must be signed by the
notary making it, and must specify

(a)The person at whose request the bill is protested:

(b)The place and date of protest, the cause or reason for protesting the bill,
the demand made, and the answer given, if any, or the fact that the drawee or
acceptor could not be found.

(8) Where a bill is lost or destroyed, or is wrongly detained from the person
entitled to hold it, protest may be made on a copy or written particulars
thereof.

(9) Protest is dispensed with by any circumstance which would dispense with
notice of dishonour. Delay in noting or protesting is excused when the delay
is caused by circumstances beyond the control of the holder, and not imputable
to his default, misconduct, or negligence. When the cause of delay ceases to
operate the bill must be noted or protested with reasonable diligence.

© 1882 Crown Copyright

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